Can an employer be found to have an "unwritten policy" of firing employees who had or were likely to have increased costs under its benefit plan?
Ontario, Canada
The following excerpt is from Dosanjh v Maple Leaf Sports, 2016 ONSC 8005 (CanLII):
In Hudson v. Linamar Corp., [2010] O.J. No. 5847 (ONSC) the impugned paragraphs of the Statement of Claim alleged that the employer had an "unwritten policy" of firing employees who had or were likely to have increased costs under its benefit plan, and that the plaintiff was fired in accordance with this policy. When particulars were requested, the plaintiff provided particulars of two incidents that he alleged occurred and showed that other employees were targeted for termination in the same manner as he had been.
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